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If your tenant won’t leave, it may be time to evict them

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If your tenant won’t leave, it may be time to evict them

On Behalf of | Feb 16, 2021 | real estate |

If you have a tenant who isn’t holding up their end of your leasing agreement, you may have reached a point where you have to move to evict them. Evictions tend to be necessary when you want to remove a tenant from a property but they refuse to go on their own.

It is worth asking the tenant to vacate the property before you evict them. If they owe you money, you can pursue them through other methods, but getting them out of the property is the first step toward getting yourself a new tenant and your income back on track.

What should you do if the tenant won’t leave?

It is possible that a tenant won’t leave despite you asking them to do so. In that case, it’s time to look into an eviction.

To evict a tenant, you need to start working through a few steps. To begin with, you need to provide them with a Notice to Vacate, which gives them at least three days to move out of the property before you file an eviction suit. If your lease has a different arrangement in it, then that timeline may be shorter or longer.

After this, if the individual still remains, then you can pursue an eviction suit. Once the petition is filed, you will have an eviction hearing scheduled at least 10 days later. At this hearing, you can present your information to the judge, so they can issue a judgment that allows you to evict the tenant. Then, you have to wait five days before proceeding. This short amount of time gives the tenant enough time to appeal if they would like.

The tenant does have a right to appeal and fight the eviction. If they do so, they will have an additional eight days before that hearing.

Once the final hearing comes and a judgment is issued, you can ask the judge for a writ of possession (assuming that you won the judgment). A 24-hour notice will be posted on the property by the constable, and then, once that time has passed, the eviction will be carried out.